SF 423 (LSB 1494SV (1) 87)

SENATE FILE 423

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 325)

A BILL FOR

An Act requiring certain arrested persons to make an initial appearance before a magistrate prior to release from custody.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.21, subsection 1, Code 2017, is amended to read as follows:
   1.  A person arrested in obedience to a warrant shall be taken without unnecessary delay before the nearest or most accessible magistrate. The officer shall at the same time deliver to the magistrate the warrant with the officer’s return endorsed on it and subscribed by the officer with the officer’s official title. However, this section, and sections 804.22 and 804.23, do not preclude the release of an arrested person within the period of time the person would otherwise remain incarcerated while waiting to be taken before a magistrate if the release is pursuant to pretrial release guidelines or a bond schedule promulgated by the judicial council, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine, or is charged with a criminal offense that includes the use of a firearm as an element of the offense. If, however, a person is released pursuant to pretrial release guidelines, a magistrate must, within twenty-four hours of the release, or as soon as practicable on the next subsequent working day of the court, either approve in writing of the release, or disapprove of the release and issue a warrant for the person’s arrest.
    Sec. 2.  Section 804.22, subsection 2, Code 2017, is amended to read as follows:
   2.  This section and the rules of criminal procedure do not affect the provisions of chapter 805 authorizing the release of a person on citation or bail prior to initial appearance, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine, or is charged with a criminal offense that includes the use of a firearm as an element of the offense. The initial appearance of a person so released shall be scheduled for a time not more than thirty days after the date of release.
    Sec. 3.  Section 811.2, subsection 3, Code 2017, is amended to read as follows:
   3.  Release at initial appearance.  This chapter does not preclude the release of an arrested person as authorized by section 804.21, unless the arrested person is charged with manufacture, delivery, possession with the intent to manufacture or deliver, or distribution of methamphetamine, or is charged with a criminal offense that includes the use of a firearm as an element of the offense.
    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires certain arrested persons to make an initial appearance before a magistrate prior to release from custody.
   Current law provides that most persons arrested when court is not in session who would otherwise remain incarcerated while waiting to be taken before a magistrate for an initial appearance during the next court session may be released from custody pending an initial appearance before a magistrate pursuant to pretrial release guidelines, or post a bond and be released pursuant to a bond schedule promulgated by the judicial council. 
   The bill requires that a person arrested when court is not in session, and who is charged with a criminal offense that includes the use of a firearm as an element of the offense, shall not be released from custody on pretrial release or be eligible to post a bond and be released pursuant to the bond schedule promulgated by the judicial council until the person makes an initial appearance before a magistrate.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.